- Draft ‑ As of 11.16.2007 Company Agreement on compensation principles and compensation methods of BBIS Berlin Brandenburg International School GmbH BBIS Berlin Brandenburg International School GmbH, represented by its managing directors Thomas Schädler and Burkhard Dolata, Am Hochwald 30, 14532 Kleinmachnow - referred to as “Company” hereinafter - and the works council of BBIS Berlin Brandenburg International School GmbH, represented by works council chairman Konstantin Padioukov, Am Hochwald 30, 14532 Kleinmachnow - referred to as “Works Council” hereinafter - enter into the following Company Agreement §1 Personal scope of application This company agreement shall be applicable to all employees who are employed by the Company on the basis of an employment relationship subject to social security contributions.
§2 Base salary All teaching faculty members of the Company shall be paid a base salary in the amount agreed in the employment contract. For teachers that were hired after this company agreement took effect, the amount of the base salary shall be based on the provisions set forth in the document entitled “Salary and Employment Information of 16.11.2007", letters A and B in connection with number VII (salary scale for teachers) in consideration of the respective applicable salary schedule. Therewith the currently valid salary-step system with the steps 1 to 10 shall have exclusive application for initially determining the base salary of the employee to be hired. For employees that already have an existing employment relationship with the Company, the compensation owed under the contract on the date this company agreement takes legal effect shall be applicable. Further adjustments to the base salary shall not be made according to the provisions set forth in the document entitled “Salary and Employment Information" for new employees, nor for existing employees. Future salary adjustments shall be made based on the provisions of this company agreement exclusively. The basic salary for the remaining, non-teaching staff shall be agreed between the respective employee and the Company on an individual basis when the employee is hired. §3 Annual salary increase The annual base salary of all Company employees shall be determined at the beginning of each school-year, with a percentual increase based on the increase of the two consumer price indexes for the states of Berlin and Brandenburg, published by the Federal or State Office of Statistics. The percentual salary increase shall be determined by adding up the respective average percentual increases of the consumer price index of the previous year in the states mentioned above. The percentage rate resulting from the above will be divided by two and rounded to one digit after the decimal point. The result of this calculation will be the percentage rate at which the salary will increase. Salaries shall be increased on August 1st of each calendar-year. The provisions set forth in § 4 paragraph clauses 2 to 3 shall be applicable for the annual salary increase provided that the effective date will be July 31st of the respective year. §4 Annual bonus payment In the event the Company’s profit and loss statement for the certified year-end report for the respective previous business-year shows a profit, all employees that cumulatively meet all requirements set forth in paragraph 2 shall receive the same special annual payment, which becomes due with the salary payment for November of the respective year. The supervisory board of the Company will determine the total distribution amount for each annual special payment to its employees. The determination shall be based on a proposal made by the management of the Company. Employees shall be entitled to the annual special payment if on the effective date of November 30 of a year they I.) are not employed by the Company based on an occupational training or temporary employment relationship, and
2.) were not in a employment relationship with the Company as described in clause 1 in the past school-year six months or longer, and 3.)performed work in the actual scope set forth in the employment contract during the last six months, and 4.) will continue their employment with the Company after November 30 of the current year.
Full-time employees who cumulatively meet all requirements set forth in paragraph 2 shall receive a special payment in the amount of 100% of the employee’s calculated share of the total distribution amount. Teachers who are contracted for a regular weekly working time of 30 instructional periods on July 31st of the respective year, and other employees who were contracted for a regular working time of 40 hours on the effective date shall be considered full-time employees. Part-time employees who cumulatively meet all requirements set forth in paragraph 2 shall receive a pro-rated annual special payment, which is in due proportion to the amount full-time employees receive. The amount of the special payment shall be based on the working time ratio applicable for each employment relationship. The working time ratio is equal to the percentage ratio of the employee’s weekly contracted working time effective of July 31st of the respective year compared to the working time of a comparable full-time employee (teacher: 30 instructional periods I other employees: 40 hours). The working time ratio is 100% for other full-time employees. The payment to be made from the total distribution amount to each individual employee shall be determined by dividing the sum of all working time ratios from all entitled employees and multiplying it with the respective individual working time ratio of the respective employee. The contracting parties are in agreement that the different threshold values used to determine if teachers and other employees are employed full-time are justified under an objective standard, since they take into account the fact that teachers have to perform additional duties such as preparation and follow-up work associated with lessons, correcting papers, etc. outside of the time when they are obligated to be present. The first annual special payment will be made on November 30, 2006.
§5 Stipends All employees of the Company have the option to take on additional duties, responsibilities, or positions and to develop and perform extracurricular activities for and with the students. The employees will be compensated for these activities with a payment of stipends, working time credit or a combination of both. Working time credit within the meaning of this provision means that employees’ weekly working time for performing their obligatory duties may be partially reduced if the employee assumes additional tasks, responsibilities, or positions within the meaning of this provision. (I) Extracurricular activities: Extracurricular activities take place outside of normal school-hours (8:00 am to 3:00 pm) and are not part of the obligatory tasks to be performed by employees to fulfill their obligations under the employment contract. These extracurricular activities will be organized by a coordinator according to special regulations and provisions. Compensation for employees that participate in such activities shall amount to 20.00 Euro per hour or a maximum lump-sum of 100.00 Euro per day for all-day events. (2) Coordinators: Each employee of the Company may apply for one of the following positions. Compensation for the tasks performed within the scope of these positions shall be based on an annual one-time stipend or by crediting working time within the meaning of this company agreement. The director of the Company shall be responsible for making the decision which employees will assume the individual positions. Usually employees will be assigned for two years, whereby it is expressly permitted to reapply to continue the duty.
The Company shall grant respective employees a pro-rated working time allowance for performing the duties and positions listed below within the meaning of the company agreement, and /or an annual stipend in accordance with the following provisions for the duration of the activity; the above shall be subject to the decision by the Company’s management:
Working time credit
Stipend
IT Coordinator
50 %
3,500.00 EUR
Athletic Coordinator
50 %
3,500.00 EUR
PYP Coordinator
50 %
3,500.00 EUR
MYP Coordinator
50 %
3,500.00 EUR
IB Diploma Coordinator
50 %
3,500.00 EUR
Accreditation Coordinator
20 %
2,000.00 EUR
Extracurricular Activities Coordinator
4 IU/school-week*
2,000.00 EUR
Instrumental Music Coordinator
-
2,000.00 EUR
Yearbook Coordinator
-
1,000.00 EUR
PTO Coordinator (2)
-
1.000,00 EUR
Head of English
2 IU/school-week*
2,000.00 EUR
Head of Math
2IU/school-week*
2,000.00 EUR
Head of Science
2 IU/school-week*
2,000.00 EUR
Head of Humanities
2 IU/school-week*
2,000.00 EUR
Head of ESL
30 %
2,000.00 EUR
Head of Modern Languages
2 IU/school-week*
2,000.00 EUR
Head of Performing Arts (Music & Drama)
2 IU/school-week*
2,000.00 EUR
Head of Visual Arts
2 IU/school-week*
2,000.00 EUR
AGIS Liaison Coordinator
-
1,000.00 EUR
Safety and First Aid Coordinator
-
1,000.00 EUR
CAS Coordinator
4 IU/school-week*
2,000.00 EUR
* one IU (instructional unit) corresponds to 40 minutes The above list is not final and may be amended by the parties to the contract if deemed necessary.
§6 Base salary increase due to personal performance or development The parties intend to stipulate a provision on a performance-based increase of the base salary inasmuch they can agree on the actual form of such a provision. However the parties herewith expressly put on record that a final decision on the actual content of such a provision still has to be made. Notwithstanding the above the parties are in agreement that the Company shall set aside an annual sum of EUR 24,000.00, which will be used for the increase of base salaries according to the distribution principles yet to be decided. Furthermore the parties are in agreement that the afore-mentioned sums will be adjusted annually pursuant to § 3 paragraph 1, sentence 1 - 4 starting from the year 2007/2008. §7 Exclusion of salary increases and special payments in individual cases Inasmuch the parties to this contract stipulated a provision as set forth in provision § 6 of this company agreement the following shall be applicable: Employees that have received a valid written warning due to defective performance or other violations of their obligations under the employment contract shall not be entitled to a base salary increase within the meaning of § 6 in the academic year after the warning was issued. Furthermore they shall not be entitled to a special payment within the meaning of § 4 of this company agreement in the academic year after the warning was issued. §8 Severability clause In the event a provision of this company agreement needs to be amended or is not applicable, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by a provision that is closest to the intention of the parties that is expressed with this company agreement.
§9 Term of the agreement This company agreement may be terminated by adhering to a three-month notification period at the end of each calendar-month, however at the earliest with the effective date of July 31st, 2008. It shall apply to all employees that are currently in an employment relationship or who enter into a new employment relationship during its term, until an agreement that replaces this company agreement is stipulated between the contracting parties. Continuing effect for employees hired after the term has expired shall be expressly excluded. The provision set forth in § 3 of the company agreement (annual salary increase) shall be without continuing effect. However, upon expiration of this agreement the contracting parties shall undertake to enter into negotiations without delay in order to stipulate a provision that will replace§ 3. In other respects it will be at the Company’s discretion to increase salaries on a voluntary basis. However the contracting parties are in agreement that an obligation to grant an annual salary increase shall not continue to exist upon expiration of this company agreement. Kleinmachnow, Kleinmachnow, Thomas Schädler I Burkhard Dolata Konstantin Padioukov Managing Directors Chairman of the Works Council of BBIS Berlin Brandenburg of the BBIS Berlin Brandenburg International School GmbH International School GmbH
of November 16, 2007 (formerly known as the Salary and Employment Information—S&EI) Part I:Compensation / Execution of the employment contract - general policies § I Compensation (I) Compensation Base salaries for newly hired teachers are based on the document entitled “Salary schedule for teachers" (see part 7 below), which also lists salaries for instructional assistants. The base salary for non-teaching staff will be negotiated between the respective employees and the Company on an individual basis when they are hired. Negotiations on a “Salary schedule for non-teaching staff” will be started in the school-year 2007/2008. (2) Taxes Employees shall be responsible for paying taxes and social security contributions owed on their salaries to the responsible authority. (3) Payment methods The school shall transfer salary payments to employees’ German bank accounts on the last working day of each calendar-month. § 2 Consideration of prior teaching experience I professional qualifications (I) Base salary Teachers shall be paid a base salary, which is based on the agreements set forth in the employment contract. The amount of the base salary is initially determined based on the policies set forth in paragraphs 2 and 3 below when the employment relationship starts. If the employee acquires additional professional qualifications within the meaning of paragraph 3, they will be considered in the accounting month after proof of these qualifications has been submitted by means of an original certificate; the base salary will be adjusted accordingly. Changes with respect to the requirements set forth in paragraph 2 will not be considered after the parties have entered into the employment relationship. (2)Teaching experience Prior teaching experience up to 10 years will be taken into account for determining initial placement on the salary schedule. All teachers will be placed on the schedule according to their prior teaching experience and their professional qualifications based on the following criteria: a. Full-time teaching experience in "PreK- I2"- schools (grade level between preschool and 12th grade/high-school) will be considered by salary step placement based on each year of prior year of full-time and paid teaching experience.
b. The highest possible salary step a newly hired employee can be placed on is salary step 10 (10 years "PreK- 12"- full-time employment = salary step 10). c. Part-time teaching as well as teaching at schools other than "PreK- 12" schools and professional experience acquired outside of educational institutions will be considered by the director according to his own discretion, exercising all due care and diligence. (3) Professional qualifications Placement on the salary schedule shall be carried out as follows based on the teacher’s professional qualifications. a. Column A: Bachelor’s Degree or equivalent degree b. Column B: Bachelor’s Degree or equivalent degree AND education leading to a teaching credential c. Column C: Master's Degree or equivalent degree AND education leading to a teaching credential d. Column D: Doctorate's Degree or equivalent degree AND education leading to a teaching credential e. Teachers not holding a teaching credential will be placed on the column to the left side of their respective degree. § 3 Scope of teaching assignment (1) Teachers will be assigned up to 30 instructional periods of 40-minutes each per week. This corresponds to a total of 1,200 working minutes per week. (2) All teachers and instructional assistants shall perform supervisory duties, organizational tasks and other school activities during non-instructional times. Part-time teachers and part-time instructional assistants may be assigned with such tasks proportionate to their overall working hours, in the same way as comparable full-time employees. The time spent performing the above-mentioned tasks will be credited to the number of weekly instructional minutes at a ratio of 2/3. (3) It is at the school administration’s discretion to release teachers from part of their teaching duties if it is deemed necessary that a teacher performs special duties. (4) The head of the respective school department (principal) will assign instructional periods to teachers in consideration of “homeroom” periods and participation in school assemblies. Teachers who teach “homeroom” periods in the respective school department will not be assigned more than 28 instructional periods.
(Therefore “homeroom” periods count as two instructional periods and school assemblies as one additional period). Teachers who are assigned to work 30 instructional periods do not have to participate in school assemblies. The elementary school principal allocates teachers according to maximum working minutes (1,200), and not divided into 40-minute periods. (5) Teachers may be assigned supervisory or substitute duties during non-instructional times. The school will make its best efforts to limit supervisory duties in each school department to a reasonable scope for each individual teacher, whereby the weekly working time of 1,200 minutes, in consideration of the provision as to crediting as set forth in § 3 paragraph 2, may not be exceeded. (6) During their absence teachers shall be obligated to provide instructional plans for the classes to be taught by the respective substitute teachers. § 4 School-day I school-year (I) School-day The school-day starts at 8:00am and ends at 3:00pm from Monday through Friday. Teachers and instructional assistants shall be present during these times. (2) Leaving school premises Teachers are permitted to leave school premises during times when they are not obligated to be present by giving prior notification and upon coordination with the respective principal in charge (permission may also be granted on a permanent basis in individual cases). The school maintains an absence list for short absences from school premises, on which teachers have to fill in when and how long they were absent. This ensures that the school has information about which teachers are not on school premises in case of emergencies. (3) Teaching staff meetings Meetings of all or some teachers may be held one day a week and may last until 4:30pm. The school’s administration may also schedule other meetings (up to four times a month), which may last until approx. 4:30pm. Teachers shall be obligated to participate in all afore-mentioned meetings. (4) School-year The school-year for teachers has up to 180 teaching days and a total of 187 work days. § 5 Sick leave When employees are absent because of an illness, they shall submit a statement of incapacity for work due to illness by the end of the third day of absence at the latest.
The school may request a statement of incapacity for work due to illness for shorter absences for good cause in individual cases. § 6 Modifications I Amendments to compensation and company policies (I) Supervisory Board’s responsibilities The supervisory board of the GmbH appoints managing directors for the purpose of the school’s management. (2) Management’s responsibilities Management and the supervisory board may modify and amend this agreement by co-determination and joint decision-making within the scope of their authorizations. Part 2: Professional and contractual obligations § 7 Professional obligations (I) Teacher staff meetings Full-time teaching staff shall be obligated and part-time teaching staff and instructional assistants (working 50% or more than full-time staff) are advised to attend all teacher staff meetings. The entire teaching staff shall get familiar with the results reached during staff meetings. (2) Department I team meetings Part-time employees shall participate in department and / or team meetings. (3) Newly hired teachers Newly hired teachers shall participate in a number of orientation events at the beginning of the school-year. This results in a one-time increase of two to three working days per school-year for these teachers. § 8 Assemblies, conferences, other events, special assignments (I) Assemblies, conferences, other events Teachers shall be obligated to participate in meetings held to explain instructional plans, meetings of the accreditation committee, and department and team meetings (within the scope of §4 (3)). Furthermore teachers are expected to participate in public events and parent conferences, which may also occur in the late afternoon and evening hours or on weekends, notwithstanding § 4 paragraph 3. (2) Special duties Employees may apply for the special duties posted by the School, which can be assumed by the staff. These positions are posted according to the School’s requirements and management will notify the Works Council about each posting. § 9 Professional evaluation All teachers shall undergo a regular process of formal evaluation of their professional performance. The principles of this evaluation system are specified in the document entitled “Appraisal Handbook" published by the school. Part 3: Wage tax cards § I 0 Employees subject to German taxes (I)Teachers that are subject to paying taxes in Germany shall turn over their wage tax card to the school when the employment relationship starts. (2) Each new wage tax card shall be submitted to the School by December 15 of each year at the latest (the proper authority will send wage tax card directly to the teacher’s home address and they shall be submitted to the school without delay). § II Employees not subject to German taxes (I) Employees who enjoy exemption from taxes (usually two years) because of their country of origin, will not be treated as exempted from taxes by the School, which means that the income tax portion of their salary will be withheld and paid to the proper tax office. (2) Employees who cease employment with the school during the period of tax exemption shall be responsible for filing an application for reimbursement with the proper tax office. Part 4: Reimbursement of expenses and other benefits paid by employer I Miscellaneous § 12 Compensation of expenses Travel costs and transportation of baggage Employees shall be entitled to financial support with respect to travel and baggage transportation costs based on the following principles: a. Distance of move I Arrival The point of the move’s origin shall be located more than 150 km from Berlin/Kleinmachnow. Employees shall arrive by the day prior to starting her employment agreed under the contract at the latest. b. Air travel The school shall cover the cost of air travel in economy class from the recruitment location to Berlin. Generally tickets are purchased by the school. As an exception, costs for tickets already paid by an employee may be reimbursed if the appropriate receipts are submitted.
c. Recruitment location The costs covered shall be based on the recruitment location. d. Other transportation methods The cost of travel by train or automobile shall be covered by the school up to the amount of the cost of air travel. e. Travel costs for family members Travel costs for the following family members traveling with the employee shall be covered pursuant to the following conditions: - Spouse / domestic partner within the meaning of the German Civil Partnership Act (LPartG) - All biological, adopted or foster children f. Cost of transportation of baggage The school shall reimburse employees and each family member moving with them for transportation of baggage up to an amount of € 500 if the appropriate receipts are submitted. Payment may also be made in advance. In this case final accounting shall be carried out once the receipts have been submitted, which shall be done without delay. g. Return after the employment relationship ends In the event an employment relationship is properly terminated the school shall cover the one-time cost of air travel for teachers and their family members as stated in § 12 to return to their original recruitment location. If the teacher chooses to travel to a different location than the recruitment location the school will determine travel costs to the recruitment location and will cover travel costs to the travel destination selected by the employee up to this amount. h. Loans for newly hired teachers Newly hired teachers may apply for an interest-free loan in the amount of € 2,500 at the school. The loan shall be repaid by means of a paycheck deduction within the first year of employment. In the event taxes will be assessed on the loan granted, they shall be paid by the teacher.
i. Housing The school shall support new teachers in their search for appropriate and affordable housing. The school will not reimburse any possibly applicable commissions associated with the teacher’s new home.
j. Hotel accommodation In addition the school shall cover the cost of hotel accommodation for the persons set forth under letter e for a maximum of 10 days, starting from the day the teacher arrives. It is at the school’s discretion to select a suitable hotel. § 13 Other benefits paid by employer (1) Professional development Financing Central budgets administered by the principals and the business manager are available for professional development of all employees. (2) School fees for children of employees Employee’s children may participate in the appropriate “financial aid program" that allows reduction of school fees upon request. The school shall cover any associated school fees. Possibly applicable tax and social security contributions shall be covered by the employee in each case. (3) Capital-forming contributions BBIS shall pay a monthly capital-forming contribution of 16.00 Euro to its employees upon request if the respective employee can provide proof that he as a pertinent contract. (4) Company pension BBIS offers to its employees the option to make contributions to a company pension fund. After a waiting period of 2 years and upon request BBIS will make an additional contribution to the company pension fund. The Business Office can provide additional information upon request. § 14 Additional obligations Teachers at the middle and high school shall be obligated to perform supervisory duties during exams and examination. Exams that are held on Sundays or official holidays shall be supervised by an exam coordinator or a member of the School’s administration.
Part 5: Presence § 15 Leave of absence Employees shall request long-term leaves of absence in writing and in advance and they shall be approved by the School’s principal. § 16 "Household days" Each full-time employee shall be entitled to two paid work-free “household days” annually. Part-time employees that work 50% or more than a full-time employee are also entitled to two work-free days. Part-time employees that work less than 50 % are entitled to one work-free day annually. Reasons do not need to be stated for taking the above-mentioned work-free days. The application shall be filed one week in advance. Generally, work-free days shall not be taken before or after holidays or official holidays. However, the School’s administration may deviate from this provision (i.e. if important reasons related to health or family exists). § 17 Leave of absence for special reasons (1) Teachers are entitled to additional paid leaves of absence if important cause is given:
a. 1-day leave of absence: Moving b. 2-day leave of absence: Wedding c. 2-day leave of absence: Child birth by teachers or their spouse I domestic partner d. Leave of absence up to 5 days: Life-threatening illness or death of a domestic partner I spouse, parent or in-law, brother or a sister of the teacher. Exceptions may be approved by the School’s principal in individual cases. (2) Sabbatical year It is planned to introduce a sabbatical year system, which would allow the option to take one-year or two-year leaves. Actual regulations that will ensure equal treatment and fairness will still have to be worked out and will become part of the compensation and company policies by means of an amendment at the proper time.
§ 18 Recruitment and job fairs Employees may not be granted an additional paid leave for participating in recruitment and job fairs. However, teachers may request unpaid leave for participating in such conferences. The request shall be filed at least two weeks before the event with the proper principal. Part 6: Other provisions § 19 Grievance procedures (1) Employees may file grievances with the following: a. the appropriate principal b. the managing directors, if the grievance refers to a principal (2) If the managing directors cannot reach a final resolution of the matter, employees may have the managing directors forward their grievance to the supervisory board of the GmbH. (3) It is important to keep minutes of all talks and meetings associated with the grievance. (4) If a final resolution cannot be reached after the above-mentioned grievance process has been exhausted, employees shall have the right to resort directly to the supervisory board of the GmbH. § 20 Visa, residence permits, health certificates The School shall support teachers in meeting their requirements for obtaining a visa, other residence permits, work permits, teaching permits as well as health certifications. § 21 Early termination of the contract In the event teachers leave the school before fully performing their employment contract (for example after one year, if a two-year contract exists), they shall pay a contractual fine. The amount of the contractual fine shall be coordinated with the works council and put on record in a separate agreement.
§ 22 Negotiations on compensation and company policies The modification and amendment of this agreement is part of the School’s budgeting process. The Works Council will hold negotiations with management within the context of this process. Management and the supervisory board shall review this agreement on a regular basis to determine if modifications/amendments are deemed necessary. Part 7: Initial salary schedules Initial salary placement schedule for teachers (only applicable to newly hired employees!)
Experience
A
B
C
D
0
€32,773.81
€ 33,949.78
€ 35,176.88
€ 36,352.85
I
€ 33,675.09
€ 34,883.40
€ 36,144.24
€ 37,352.55
2
€ 34,601.15
€ 35,842.69
€ 37,138.21
€ 38,379.75
3
€ 35,552.69
€ 36,828.37
€ 38,159.51
€ 39,435.19
4
€ 36,530.39
€ 37,841.15
€ 39,208.90
€ 40,519.66
5
€ 37,534.97
€ 38,881.78
€ 40,287.14
€ 41,633.95
6
€ 38,567.18
€ 39,951.03
€ 41,395.04
€ 42,778.88
7
€ 39,627.78
€ 41,049.68
€ 42,533.40
€ 43,955.30
8
€ 40,717.54
€ 42,178.55
€ 43,703.07
€ 45,164.07
9
€ 41,837.28
€ 43,338.46
€ 44,904.91
€ 46,406.09
I 0+
€ 42,987.80
€ 44,530.26
€ 46,139.79
€ 47,682.25
Initial salary placement schedule for instructional assistants (only applicable for initial placement!)
Experience
A
B
C
D
0
€ 16,147.30
€ 16,591.35
€ 17,047.61
€ 17,516.42
I
€ 16,603.91
€ 17,047.61
€ 17,516.42
€ 17,998.13
2
€ 17,073.43
€ 17,516.42
€ 17,998.13
€ 18,493.07
3
€ 17,556.22
€ 17,998.13
€ 18,493.07
€ 19,001.63
4
€ 18,052.67
€ 18,493.07
€ 19,001.63
€ 19,524.18
5
€ 18,563.16
€ 19,001.63
€ 19,524.18
€ 20,061.09
6
€ 19,073.65
€ 19,524.18
€ 20,061.09
€ 20,612.77
7
€ 19,598.17
€ 20,061.09
€ 20,612.77
€ 21,179.62
8
€ 20,137.12
€ 20,612.77
€ 21,179.62
€ 21,762.06
9
€ 20,690.89
€ 21,179.62
€ 21,762.06
€ 22,360.52
I 0+
€ 21,259.89
€ 21,762.06
€ 22,3 60.52
€ 22,975.44
Kleinmachnow, Kleinmachnow, Thomas Schädler / Burkhard Dolata Konstantin Padioukov Managing Directors Works Council Chairman of the BBIS Berlin Brandenburg of the BBIS Berlin Brandenburg International School GmbH International School GmbH
- Draft ‑
As of 11.16.2007
Company Agreement
on compensation principles and compensation methods
of BBIS Berlin Brandenburg International School GmbH
BBIS Berlin Brandenburg International School GmbH,
represented by its managing directors Thomas Schädler and Burkhard Dolata, Am Hochwald 30, 14532 Kleinmachnow
- referred to as “Company” hereinafter -
and
the works council of BBIS Berlin Brandenburg International School GmbH, represented by works council chairman Konstantin Padioukov,
Am Hochwald 30, 14532 Kleinmachnow
- referred to as “Works Council” hereinafter -
enter into the following
Company Agreement
§1
Personal scope of application
This company agreement shall be applicable to all employees who are employed by the Company on the basis of an employment relationship subject to social security contributions.
§2
Base salary
All teaching faculty members of the Company shall be paid a base salary in the amount agreed in the employment contract. For teachers that were hired after this company agreement took effect, the amount of the base salary shall be based on the provisions set forth in the document entitled “Salary and Employment Information of 16.11.2007", letters A and B in connection with number VII (salary scale for teachers) in consideration of the respective applicable salary schedule.
Therewith the currently valid salary-step system with the steps 1 to 10 shall have exclusive application for initially determining the base salary of the employee to be hired. For employees that already have an existing employment relationship with the Company, the compensation owed under the contract on the date this company agreement takes legal effect shall be applicable. Further adjustments to the base salary shall not be made according to the provisions set forth in the document entitled “Salary and Employment Information" for new employees, nor for existing employees. Future salary adjustments shall be made based on the provisions of this company agreement exclusively.
The basic salary for the remaining, non-teaching staff shall be agreed between the respective employee and the Company on an individual basis when the employee is hired.
§3
Annual salary increase
The annual base salary of all Company employees shall be determined at the beginning of each school-year, with a percentual increase based on the increase of the two consumer price indexes for the states of Berlin and Brandenburg, published by the Federal or State Office of Statistics. The percentual salary increase shall be determined by adding up the respective average percentual increases of the consumer price index of the previous year in the states mentioned above. The percentage rate resulting from the above will be divided by two
and rounded to one digit after the decimal point. The result of this calculation will be the percentage rate at which the salary will increase. Salaries shall be increased on August 1st of each calendar-year.
The provisions set forth in § 4 paragraph clauses 2 to 3 shall be applicable for the annual salary increase provided that the effective date will be July 31st of the respective year.
§4
Annual bonus payment
In the event the Company’s profit and loss statement for the certified year-end report for the respective previous business-year shows a profit, all employees that cumulatively meet all requirements set forth in paragraph 2 shall receive the same special annual payment, which becomes due with the salary payment for November of the respective year. The supervisory board of the Company will determine the total distribution amount for each annual special payment to its employees. The determination shall be based on a proposal made by the management of the Company.
Employees shall be entitled to the annual special payment if on the effective date of November 30 of a year they
I.) are not employed by the Company based on an occupational training or temporary employment relationship, and
2.) were not in a employment relationship with the Company as described in clause 1 in the past school-year six months or longer, and
3.)performed work in the actual scope set forth in the employment contract during the last six months, and
4.) will continue their employment with the Company after November 30 of the current year.
Full-time employees who cumulatively meet all requirements set forth in paragraph 2 shall receive a special payment in the amount of 100% of the employee’s calculated share of the total distribution amount. Teachers who are contracted for a regular weekly working time of 30 instructional periods on July 31st of the respective year, and other employees who were contracted for a regular working time of 40 hours on the effective date shall be considered full-time employees.
Part-time employees who cumulatively meet all requirements set forth in paragraph 2 shall receive a pro-rated annual special payment, which is in due proportion to the amount full-time employees receive. The amount of the special payment shall be based on the working time ratio applicable for each employment relationship. The working time ratio is equal to the percentage ratio of the employee’s weekly contracted working time effective of July 31st of the respective year compared to the working time of a comparable full-time employee (teacher: 30 instructional periods I other employees: 40 hours). The working time ratio is 100% for other full-time employees.
The payment to be made from the total distribution amount to each individual employee shall be determined by dividing the sum of all working time ratios from all entitled employees and multiplying it with the respective individual working time ratio of the respective employee.
The contracting parties are in agreement that the different threshold values used to determine if teachers and other employees are employed full-time are justified under an objective standard, since they take into account the fact that teachers have to perform additional duties such as preparation and follow-up work associated with lessons, correcting papers, etc. outside of the time when they are obligated to be present.
The first annual special payment will be made on November 30, 2006.
§5
Stipends
All employees of the Company have the option to take on additional duties, responsibilities, or positions and to develop and perform extracurricular activities for and with the students. The employees will be compensated for these activities with a payment of stipends, working time credit or a combination of both.
Working time credit within the meaning of this provision means that employees’ weekly working time for performing their obligatory duties may be partially reduced if the employee assumes additional tasks, responsibilities, or positions within the meaning of this provision.
(I) Extracurricular activities:
Extracurricular activities take place outside of normal school-hours (8:00 am to 3:00 pm) and are not part of the obligatory tasks to be performed by employees to fulfill their obligations under the employment contract. These extracurricular activities will be organized by a coordinator according to special regulations and provisions. Compensation for employees that participate in such activities shall amount to 20.00 Euro per hour or a maximum lump-sum of 100.00 Euro per day for all-day events.
(2) Coordinators:
Each employee of the Company may apply for one of the following positions. Compensation for the tasks performed within the scope of these positions shall be based on an annual one-time stipend or by crediting working time within the meaning of this company agreement.
The director of the Company shall be responsible for making the decision which employees will assume the individual positions. Usually employees will be assigned for two years, whereby it is expressly permitted to reapply to continue the duty.
The Company shall grant respective employees a pro-rated working time allowance for performing the duties and positions listed below within the meaning of the company agreement, and /or an annual stipend in accordance with the following provisions for the duration of the activity; the above shall be subject to the decision by the Company’s management:
Drama)
The above list is not final and may be amended by the parties to the contract if deemed necessary.
§6
Base salary increase due to personal performance or development
The parties intend to stipulate a provision on a performance-based increase of the base salary inasmuch they can agree on the actual form of such a provision. However the parties herewith expressly put on record that a final decision on the actual content of such a provision still has to be made. Notwithstanding the above the parties are in agreement that the Company shall set aside an annual sum of EUR 24,000.00, which will be used for the increase of base salaries according to the distribution principles yet to be decided. Furthermore the parties are in agreement that the afore-mentioned sums will be adjusted annually pursuant to § 3 paragraph 1, sentence 1 - 4 starting from the year 2007/2008.
§7
Exclusion of salary increases and special payments in individual cases
Inasmuch the parties to this contract stipulated a provision as set forth in provision § 6 of this company agreement the following shall be applicable: Employees that have received a valid written warning due to defective performance or other violations of their obligations under the employment contract shall not be entitled to a base salary increase within the meaning of § 6 in the academic year after the warning was issued. Furthermore they shall not be entitled to a special payment within the meaning of § 4 of this company agreement in the academic year after the warning was issued.
§8
Severability clause
In the event a provision of this company agreement needs to be amended or is not applicable, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by a provision that is closest to the intention of the parties that is expressed with this company agreement.
§9
Term of the agreement
This company agreement may be terminated by adhering to a three-month notification period at the end of each calendar-month, however at the earliest with the effective date of July 31st, 2008. It shall apply to all employees that are currently in an employment relationship or who enter into a new employment relationship during its term, until an agreement that replaces this company agreement is stipulated between the contracting parties. Continuing effect for employees hired after the term has expired shall be expressly excluded.
The provision set forth in § 3 of the company agreement (annual salary increase) shall be without continuing effect. However, upon expiration of this agreement the contracting parties shall undertake to enter into negotiations without delay in order to stipulate a provision that will replace § 3.
In other respects it will be at the Company’s discretion to increase salaries on a voluntary basis. However the contracting parties are in agreement that an obligation to grant an annual salary increase shall not continue to exist upon expiration of this company agreement.
Kleinmachnow, Kleinmachnow,
Thomas Schädler I Burkhard Dolata Konstantin Padioukov
Managing Directors Chairman of the Works Council
of BBIS Berlin Brandenburg of the BBIS Berlin Brandenburg
International School GmbH International School GmbH
of November 16, 2007 (formerly known as the Salary and Employment Information—S&EI)
Part I: Compensation / Execution of the employment contract -
general policies
§ I Compensation
(I) Compensation
Base salaries for newly hired teachers are based on the document entitled “Salary schedule for teachers" (see part 7 below), which also lists salaries for instructional assistants. The base salary for non-teaching staff will be negotiated between the respective employees and the Company on an individual basis when they are hired. Negotiations on a “Salary schedule for non-teaching staff” will be started in the school-year 2007/2008.
(2) Taxes
Employees shall be responsible for paying taxes and social security contributions owed on their salaries to the responsible authority.
(3) Payment methods
The school shall transfer salary payments to employees’ German bank accounts on the last working day of each calendar-month.
§ 2 Consideration of prior teaching experience I professional qualifications
(I) Base salary
Teachers shall be paid a base salary, which is based on the agreements set forth in the employment contract. The amount of the base salary is initially determined based on the policies set forth in paragraphs 2 and 3 below when the employment relationship starts. If the employee acquires additional professional qualifications within the meaning of paragraph 3, they will be considered in the accounting month after proof of these qualifications has been submitted by means of an original certificate; the base salary will be adjusted accordingly. Changes with respect to the requirements set forth in paragraph 2 will not be considered after the parties have entered into the employment relationship.
(2)Teaching experience
Prior teaching experience up to 10 years will be taken into account for determining initial placement on the salary schedule. All teachers will be placed on the schedule according to their prior teaching experience and their professional qualifications based on the following criteria:
a. Full-time teaching experience in "PreK- I2"- schools (grade level between preschool and 12th grade/high-school) will be considered by salary step placement based on each year of prior year of full-time and paid teaching experience.
b. The highest possible salary step a newly hired employee can be placed on is salary step 10 (10 years "PreK- 12"- full-time employment = salary step 10).
c. Part-time teaching as well as teaching at schools other than "PreK- 12" schools and professional experience acquired outside of educational institutions will be considered by the director according to his own discretion, exercising all due care and diligence.
(3) Professional qualifications
Placement on the salary schedule shall be carried out as follows based on the teacher’s professional qualifications.
a. Column A: Bachelor’s Degree or equivalent degree
b. Column B: Bachelor’s Degree or equivalent degree AND education leading to a teaching credential
c. Column C: Master's Degree or equivalent degree AND education leading to a teaching credential
d. Column D: Doctorate's Degree or equivalent degree AND education leading to a teaching credential
e. Teachers not holding a teaching credential will be placed on the column to the left side of their respective degree.
§ 3 Scope of teaching assignment
(1) Teachers will be assigned up to 30 instructional periods of 40-minutes each per week. This corresponds to a total of 1,200 working minutes per week.
(2) All teachers and instructional assistants shall perform supervisory duties, organizational tasks and other school activities during non-instructional times. Part-time teachers and part-time instructional assistants may be assigned with such tasks proportionate to their overall working hours, in the same way as comparable full-time employees. The time spent performing the above-mentioned tasks will be credited to the number of weekly instructional minutes at a ratio of 2/3.
(3) It is at the school administration’s discretion to release teachers from part of their teaching duties if it is deemed necessary that a teacher performs special duties.
(4) The head of the respective school department (principal) will assign instructional periods to teachers in consideration of “homeroom” periods and participation in school assemblies. Teachers who teach “homeroom” periods in the respective school department will not be assigned more than 28 instructional periods.
(Therefore “homeroom” periods count as two instructional periods and school assemblies as one additional period). Teachers who are assigned to work 30 instructional periods do not have to participate in school assemblies. The elementary school principal allocates teachers according to maximum working minutes (1,200), and not divided into 40-minute periods.
(5) Teachers may be assigned supervisory or substitute duties during non-instructional times. The school will make its best efforts to limit supervisory duties in each school department to a reasonable scope for each individual teacher, whereby the weekly working time of 1,200 minutes, in consideration of the provision as to crediting as set forth in § 3 paragraph 2, may not be exceeded.
(6) During their absence teachers shall be obligated to provide instructional plans for the classes to be taught by the respective substitute teachers.
§ 4 School-day I school-year
(I) School-day
The school-day starts at 8:00am and ends at 3:00pm from Monday through Friday. Teachers and instructional assistants shall be present during these times.
(2) Leaving school premises
Teachers are permitted to leave school premises during times when they are not obligated to be present by giving prior notification and upon coordination with the respective principal in charge (permission may also be granted on a permanent basis in individual cases). The school maintains an absence list for short absences from school premises, on which teachers have to fill in when and how long they were absent. This ensures that the school has information about which teachers are not on school premises in case of emergencies.
(3) Teaching staff meetings
Meetings of all or some teachers may be held one day a week and may last until 4:30pm. The school’s administration may also schedule other meetings (up to four times a month), which may last until approx. 4:30pm. Teachers shall be obligated to participate in all afore-mentioned meetings.
(4) School-year
The school-year for teachers has up to 180 teaching days and a total of 187 work days.
§ 5 Sick leave
When employees are absent because of an illness, they shall submit a statement of incapacity for work due to illness by the end of the third day of absence at the latest.
The school may request a statement of incapacity for work due to illness for shorter absences for good cause in individual cases.
§ 6 Modifications I Amendments to compensation and company policies
(I) Supervisory Board’s responsibilities
The supervisory board of the GmbH appoints managing directors for the purpose of the school’s management.
(2) Management’s responsibilities
Management and the supervisory board may modify and amend this agreement by co-determination and joint decision-making within the scope of their authorizations.
Part 2: Professional and contractual obligations
§ 7 Professional obligations
(I) Teacher staff meetings
Full-time teaching staff shall be obligated and part-time teaching staff and instructional assistants (working 50% or more than full-time staff) are advised to attend all teacher staff meetings. The entire teaching staff shall get familiar with the results reached during staff meetings.
(2) Department I team meetings
Part-time employees shall participate in department and / or team meetings.
(3) Newly hired teachers
Newly hired teachers shall participate in a number of orientation events at the beginning of the school-year. This results in a one-time increase of two to three working days per school-year for these teachers.
§ 8 Assemblies, conferences, other events, special assignments
(I) Assemblies, conferences, other events
Teachers shall be obligated to participate in meetings held to explain instructional plans, meetings of the accreditation committee, and department and team meetings (within the scope of §4 (3)). Furthermore teachers are expected to participate in public events and parent conferences, which may also occur in the late afternoon and evening hours or on weekends, notwithstanding § 4 paragraph 3.
(2) Special duties
Employees may apply for the special duties posted by the School, which can be assumed by the staff. These positions are posted according to the School’s requirements and management will notify the Works Council about each posting.
§ 9 Professional evaluation
All teachers shall undergo a regular process of formal evaluation of their professional performance. The principles of this evaluation system are specified in the document entitled “Appraisal Handbook" published by the school.
Part 3: Wage tax cards
§ I 0 Employees subject to German taxes
(I)Teachers that are subject to paying taxes in Germany shall turn over their wage tax card to the school when the employment relationship starts.
(2) Each new wage tax card shall be submitted to the School by December 15 of each year at the latest (the proper authority will send wage tax card directly to the teacher’s home address and they shall be submitted to the school without delay).
§ II Employees not subject to German taxes
(I) Employees who enjoy exemption from taxes (usually two years) because of their country of origin, will not be treated as exempted from taxes by the School, which means that the income tax portion of their salary will be withheld and paid to the proper tax office.
(2) Employees who cease employment with the school during the period of tax exemption shall be responsible for filing an application for reimbursement with the proper tax office.
Part 4: Reimbursement of expenses and other benefits paid by employer I Miscellaneous
§ 12 Compensation of expenses
Travel costs and transportation of baggage
Employees shall be entitled to financial support with respect to travel and baggage transportation costs based on the following principles:
a. Distance of move I Arrival
The point of the move’s origin shall be located more than 150 km from Berlin/Kleinmachnow. Employees shall arrive by the day prior to starting her employment agreed under the contract at the latest.
b. Air travel
The school shall cover the cost of air travel in economy class from the recruitment location to Berlin. Generally tickets are purchased by the school. As an exception, costs for tickets already paid by an employee may be reimbursed if the appropriate receipts are submitted.
c. Recruitment location
The costs covered shall be based on the recruitment location.
d. Other transportation methods
The cost of travel by train or automobile shall be covered by the school up to the amount of the cost of air travel.
e. Travel costs for family members
Travel costs for the following family members traveling with the employee shall be covered pursuant to the following conditions:
- Spouse / domestic partner within the meaning of the German Civil Partnership Act (LPartG)
- All biological, adopted or foster children
f. Cost of transportation of baggage
The school shall reimburse employees and each family member moving with them for transportation of baggage up to an amount of € 500 if the appropriate receipts are submitted. Payment may also be made in advance. In this case final accounting shall be carried out once the receipts have been submitted, which shall be done without delay.
g. Return after the employment relationship ends
In the event an employment relationship is properly terminated the school shall cover the one-time cost of air travel for teachers and their family members as stated in § 12 to return to their original recruitment location. If the teacher chooses to travel to a different location than the recruitment location the school will determine travel costs to the recruitment location and will cover travel costs to the travel destination selected by the employee up to this amount.
h. Loans for newly hired teachers
Newly hired teachers may apply for an interest-free loan in the amount of € 2,500 at the school. The loan shall be repaid by means of a paycheck deduction within the first year of employment. In the event taxes will be assessed on the loan granted, they shall be paid by the teacher.
i. Housing
The school shall support new teachers in their search for appropriate and affordable housing. The school will not reimburse any possibly applicable commissions associated with the teacher’s new home.
j. Hotel accommodation
In addition the school shall cover the cost of hotel accommodation for the persons set forth under letter e for a maximum of 10 days, starting from the day the teacher arrives. It is at the school’s discretion to select a suitable hotel.
§ 13 Other benefits paid by employer
(1) Professional development
Financing
Central budgets administered by the principals and the business manager are available for professional development of all employees.
(2) School fees for children of employees
Employee’s children may participate in the appropriate “financial aid program" that allows reduction of school fees upon request. The school shall cover any associated school fees. Possibly applicable tax and social security contributions shall be covered by the employee in each case.
(3) Capital-forming contributions
BBIS shall pay a monthly capital-forming contribution of 16.00 Euro to its employees upon request if the respective employee can provide proof that he as a pertinent contract.
(4) Company pension
BBIS offers to its employees the option to make contributions to a company pension fund. After a waiting period of 2 years and upon request BBIS will make an additional contribution to the company pension fund. The Business Office can provide additional information upon request.
§ 14 Additional obligations
Teachers at the middle and high school shall be obligated to perform supervisory duties during exams and examination. Exams that are held on Sundays or official holidays shall be supervised by an exam coordinator or a member of the School’s administration.
Part 5: Presence
§ 15 Leave of absence
Employees shall request long-term leaves of absence in writing and in advance and they shall be approved by the School’s principal.
§ 16 "Household days"
Each full-time employee shall be entitled to two paid work-free “household days” annually. Part-time employees that work 50% or more than a full-time employee are also entitled to two work-free days. Part-time employees that work less than 50 % are entitled to one work-free day annually. Reasons do not need to be stated for taking the above-mentioned work-free days. The application shall be filed one week in advance. Generally, work-free days shall not be taken before or after holidays or official holidays. However, the School’s administration may deviate from this provision (i.e. if important reasons related to health or family exists).
§ 17 Leave of absence for special reasons
(1) Teachers are entitled to additional paid leaves of absence if important cause is given:
a. 1-day leave of absence: Moving
b. 2-day leave of absence: Wedding
c. 2-day leave of absence: Child birth by teachers or their spouse I domestic partner
d. Leave of absence up to 5 days: Life-threatening illness or death of a domestic partner I spouse, parent or in-law, brother or a sister of the teacher. Exceptions may be approved by the School’s principal in individual cases.
(2) Sabbatical year
It is planned to introduce a sabbatical year system, which would allow the option to take one-year or two-year leaves. Actual regulations that will ensure equal treatment and fairness will still have to be worked out and will become part of the compensation and company policies by means of an amendment at the proper time.
§ 18 Recruitment and job fairs
Employees may not be granted an additional paid leave for participating in recruitment and job fairs. However, teachers may request unpaid leave for participating in such conferences. The request shall be filed at least two weeks before the event with the proper principal.
Part 6: Other provisions
§ 19 Grievance procedures
(1) Employees may file grievances with the following:
a. the appropriate principal
b. the managing directors, if the grievance refers to a principal
(2) If the managing directors cannot reach a final resolution of the matter, employees may have the managing directors forward their grievance to the supervisory board of the GmbH.
(3) It is important to keep minutes of all talks and meetings associated with the grievance.
(4) If a final resolution cannot be reached after the above-mentioned grievance process has been exhausted, employees shall have the right to resort directly to the supervisory board of the GmbH.
§ 20 Visa, residence permits, health certificates
The School shall support teachers in meeting their requirements for obtaining a visa, other residence permits, work permits, teaching permits as well as health certifications.
§ 21 Early termination of the contract
In the event teachers leave the school before fully performing their employment contract (for example after one year, if a two-year contract exists), they shall pay a contractual fine. The amount of the contractual fine shall be coordinated with the works council and put on record in a separate agreement.
§ 22 Negotiations on compensation and company policies
The modification and amendment of this agreement is part of the School’s budgeting process. The Works Council will hold negotiations with management within the context of this process. Management and the supervisory board shall review this agreement on a regular basis to determine if modifications/amendments are deemed necessary.
Part 7: Initial salary schedules
Initial salary placement schedule for teachers (only applicable to newly hired employees!)
Initial salary placement schedule for instructional assistants
(only applicable for initial placement!)
Kleinmachnow, Kleinmachnow,
Thomas Schädler / Burkhard Dolata Konstantin Padioukov
Managing Directors Works Council Chairman
of the BBIS Berlin Brandenburg of the BBIS Berlin Brandenburg
International School GmbH International School GmbH